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Family Violence Act 2004
13Sentencing factors
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### 13 Sentencing factors
> When determining the sentence for a family violence offence, a court or a judge –
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> > > (a) [*\[Section 13 Amended by No. 21 of 2022, s. 6, Applied:30 Jun 2024\]*](/view/html/inforce/2024-06-30/act-2022-021#GS6@EN) is to consider any of the following to be an aggravating factor:
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> > > > > (i) the fact that the offender knew, or was reckless as to whether, a child was present or on the premises at the time of the offence;
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> > > > > (ii) the fact that the offender knew, or was reckless as to whether, the affected person was pregnant;
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> > > > > (iii) the fact that the offender is a serial family violence perpetrator; and
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> > > (b) must take into account the results of any rehabilitation program assessment undertaken in respect of the offender and placed before the court or judge.